Driving While Under the Influence of Marijuana in Texas

January 1, 2022 | By Shane Phelps Law
Driving While Under the Influence of Marijuana in Texas

People may think that driving after smoking or consuming marijuana is safer than driving while drunk. However, you can still face charges for this crime. In Texas, it is illegal to drive with any trace amounts of marijuana in your system. Shane Phelps Law can help explain more.

The Dangers of Driving Under the Influence of Marijuana

Just because marijuana is legal in some states does not make it safe to use before driving. Driving under the influence of marijuana can impair your driving ability just like alcohol does. Some of the effects of marijuana on your driving include:

  • Slow reaction time
  • Impaired ability to make decisions
  • Problems with short-term memory
  • Decreased ability to pay attention to detail

These effects can put you and others on the road in danger.

What Happens if You Get Pulled Over?

If an officer suspects that you are driving while under the influence of drugs, they will likely pull you over. Once you are pulled over, the officer will look for signs that you are impaired. These signs may include:

  • Bloodshot eyes
  • The smell of marijuana in the car
  • Paraphernalia in plain view

If the officer sees these signs and has probable cause you are impaired, they will likely ask you to step out of the car and perform a series of sobriety tests. If you fail these tests, the officer may arrest you and take you to jail.

You may also be requested to take a chemical test that reveals the level of THC in your system. If this test shows any THC in your system, you can be charged with driving while under the influence, even if you were not impaired at the time of the traffic stop.

What Are the Consequences?

In Texas, driving while under the influence is a misdemeanor offense punishable by up to 180 days in jail and a fine of up to $2,000. If this is your second offense, you may face up to 1 year in jail and a fine of up to $4,000. If you are facing a third offense, you could be punished by 2 – 20 years in prison and a fine of up to $10,000.

Driving while under the influence of marijuana is illegal in Texas and can result in severe penalties if you are caught. If you are facing charges and don’t know where to turn next, our team is prepared to help 24/7. Contact us today.